Committee on Veterans’ Affairs and Homeland Security then the
Judiciary.]

A BILL to amend and reenact §19-25-1, §19-25-3, §19-25-5, §19-25-6
and §19-25-7 of the Code of West Virginia, 1931, as amended,
all relating to limiting the liability of landowners who make
land available for military, law enforcement or homeland
defense training.

Be it enacted by the Legislature of West Virginia:

That §19-25-1, §19-25-3, §19-25-5, §19-25-6 and §19-25-7 of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

§19-25-1. Purpose.

The purpose of this article is to encourage owners of land to
make available to the public land and water areas for militarytrainingmilitary, law enforcement or homeland defense training or
recreational or wildlife propagation purposes by limiting their
liability for injury to persons entering thereon and for injury to
the property of persons entering thereon and limiting their
liability to persons who may be injured or otherwise damaged by the
acts or omissions of persons entering thereon.

§19-25-3. Limiting duty of landowner who grants a lease, easement
or license of land to federal, state, county or
municipal government or any agency thereof.

Unless otherwise agreed in writing, an owner who grants a
lease, easement or license of land to the federal government or any
agency thereof, or the state or any agency thereof, or any county
or municipality or agency thereof, for military trainingmilitary,
law enforcement or homeland defense training or recreational or
wildlife propagation purposes owes no duty of care to keep that
land safe for entry or use by others or to give warning to persons
entering or going upon the land of any dangerous or hazardous
conditions, uses, structures or activities thereon. An owner who
grants a lease, easement or license of land to the federal
government or any agency thereof, or the state or any agency
thereof, or any county or municipality or agency thereof, for
military trainingmilitary, law enforcement or homeland defense
training or recreational or wildlife propagation purposes does not
by giving a lease, easement or license: (a) Extend any assurance
to any person using the land that the premises are safe for any
purpose; or (b) confer upon those persons the legal status of an
invitee or licensee to whom a duty of care is owed; or (c) assume
responsibility for or incur liability for any injury to person or
property caused by an act or omission of a person who enters upon
the leased land. The provisions of this section apply whether the
person entering upon the leased land is an invitee, licensee,
trespasser or otherwise.

§19-25-5. Definitions.

Unless the context used clearly requires a different meaning,
as used in this article:

(1) "Charge" means:

(A) For purposes of limiting liability for recreational or
wildlife propagation purposes set forth in section two of this
article, the amount of money asked in return for an invitation to
enter or go upon the land, including a one-time fee for a
particular event, amusement, occurrence, adventure, incident,
experience or occasion which may not exceed $50 a year per
recreational participant: Provided, That the monetary cap on
charges imposed pursuant to this article does not apply to the
provisions of article fourteen, chapter twenty of this code
pertaining to the Hatfield-McCoy regional recreational authority or
activities sponsored on the Hatfield-McCoy recreation area;

(B) For purposes of limiting liability for military training
military, law enforcement or homeland defense training set forth in
section six of this article, the amount of money asked in return
for an invitation to enter or go upon the land;

(2) "Land" includes, but shall not be limited to, roads,
water, watercourses, private ways and buildings, structures and
machinery or equipment thereon when attached to the realty;

(3) "Noncommercial recreational activity" shall not include
any activity for which there is any charge which exceeds $50 per
year per participant;

(4) "Owner" includes, but shall not be limited to, tenant,
lessee, occupant or person in control of the premises;

(5) "Recreational purposes" includes, but shall not be limited
to, any one or any combination of the following noncommercial
recreational activities: Hunting, fishing, swimming, boating,
camping, picnicking, hiking, pleasure driving, motorcycle or
all-terrain vehicle riding, bicycling, horseback riding, nature
study, water skiing, winter sports and visiting, viewing or
enjoying historical, archaeological, scenic or scientific sites or
otherwise using land for purposes of the user;

(6) "Wildlife propagation purposes" applies to and includes
all ponds, sediment control structures, permanent water
impoundments or any other similar or like structure created or
constructed as a result of or in connection with surface mining
activities as governed by article three, chapter twenty-two of this
code or from the use of surface in the conduct of underground coal
mining as governed by said article and rules promulgated
thereunder, which ponds, structures or impoundments are hereafter
designated and certified in writing by the Director of the Division
of Environmental Protection and the owner to be necessary and vital
to the growth and propagation of wildlife, animals, birds and fish
or other forms of aquatic life and finds and determines that the
premises have the potential of being actually used by the wildlife
for those purposes and that the premises are no longer used or
necessary for mining reclamation purposes. The certification shall
be in form satisfactory to the director and shall provide that the
designated ponds, structures or impoundments shall not be removed
without the joint consent of the director and the owner; and

(7) "Military training"“Military, law enforcement or homeland
defense training” includes, but is not limited to, training,
encampments, instruction, overflight by military aircraft,
parachute drops of personnel or equipment or other use of land by
a member of the army National Guard or air National Guard, a member
of a reserve unit of the Armed Forces of the United States, or a
person on active duty in the Armed Forces of the United States, a
state or federal law-enforcement officer, a federal agency or
service employee, a West Virginia military authority employee, or
a civilian contractor supporting the military and/or government
employees acting in that capacity.

§19-25-6. Limiting duty of landowner for use of land for military,
law enforcement or homeland security purposes.

Notwithstanding the provisions of section four of this article
to the contrary, an owner of land owes no duty of care to keep the
premises safe for entry or use by others for military training
military, law enforcement or homeland defense training purposes,
regardless of whether any charge is made therefor, or to give any
warning of a dangerous or hazardous condition, use, structure or
activity on the premises to persons entering for those purposes.

Notwithstanding the provisions of section four of this article
to the contrary, an owner of land who either directly or indirectly
invites or permits, either with or without charge, any person to
use the property for military trainingmilitary, law enforcement or
homeland defense training purposes does not thereby: (a) Extend
any assurance that the premises are safe for any purpose; or (b)
confer upon those persons the legal status of an invitee or
licensee to whom a duty of care is owed; or (c) assume
responsibility for or incur liability for any injury to person or
property caused by an act or omission of those persons.

§19-25-7. Insurance policies.

Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any owner of lands covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby
the company issuing such policy waives or agrees not to assert as
a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
use of such insured's land for recreational, wildlife propagation
or military, law enforcement or homeland defense purposes, unless
such provision or endorsement is rejected in writing by the named
insured.

NOTE: The purpose of this bill is to limit the liability of
landowners who make land available for military, law enforcement or
homeland defense training.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.